The Six Steps CLOs Should Take to Manage Antitrust Risk in the Era of ESG Initiatives and Stakeholder Capitalism
The administration's antitrust policy shift comes at a particularly challenging time for companies facing supply chain disruptions. CLOs can play a leading role in helping their boards and management teams incorporate consideration of ESG factors and stakeholder perspectives into their business strategy.
July 06, 2022 at 03:09 PM
10 minute read
CommentaryAgainst the backdrop of broader shifts in capitalist incentives around the world, there are two movements underway to reform U.S. antitrust law. The first is a "technocratic" movement that focuses on strengthening existing antitrust laws and enforcement to improve consumer welfare, the central goal of U.S. antitrust policy since the 1980s. The second is a "populist" movement aimed at more fundamental changes to U.S. antitrust laws to achieve purposes beyond the scope of the consumer welfare standard. While academics and antitrust experts may debate the merits of each approach, the fact is that both are playing out now through legislative proposals, regulatory efforts, and enforcement actions—with real-world implications for corporate America.
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